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## United States Environmental Protection Agency

Stormwater Management Including Discharges from Developed Sites

NPDES Permitting Authority Questionnaire

Survey ID: ________________

An Agency may not conduct or sponsor, and a pe rson is not required to respond to, a collection of information, unless it displays a currently valid OMB control number.

The public reporting and recordkeeping burden for th is collection of information is estimated to average 43 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the comp leted questionnaire to this address.

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### General Information

Purpose of the Questionnaire

Stormwater discharges from developed la nd can negatively impact water quality through

increases in stormwater volume and increased pollutant loads to the receiving waters. To strengthen its stormwater regulations, EP A’s Office of Water (OW) is considering

revisions to the current National Pollutan t Discharge Elimination System (NPDES) regulations including the establishment of sta ndards for long term stormwater discharges from developed sites.

To collect data to inform decisions regard ing how the nation’s stormwater regulations should be strengthened and to support the tec hnical and financial feasibility associated with this rulemaking, EPA is sending the following questionnaire to NPDES Permit

Authorities. This questionnaire will provide EPA with information related to the administration of the NPDES program to:

 Characterize the current scope, components, and implementation of existing state and regional NPDES stormwater progra ms; ordinances and laws that may

constrain the utilization of stormwater retention practices; and retrofit requirements for discharges from existing development; and

 Estimate the burden and expenditures to comply with and enforce existing requirements on stormwater discharges.

The survey is presented in five sect ions covering the following topic areas:

 Section A: General Information

 Section B: Municipal Stormwater Program

 Section C: Constructi on Stormwater Program

 Section D: Standards for Stormwat er Discharges from New and Redevelopment and Implementation of Stormwater Retention

Practices

 Section E: Industria l Stormwater Program

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### General Information, continued

Authority

EPA has authority to administer this questi onnaire under sections 304( i) and 402(c) of the CWA, 33 U.S.C. Sections 1314(i) and 1342(c) . Specifically, 40 CF R 123.41(a) states that “[a]ny information obtained or used in the administration of a State [NPDES] program shall be available to EPA upon request without restriction.” Participation in this questionnaire is mandatory, and you are required to respond. You must retain a copy of the completed questionnaire for your files. EPA may contact you with follow-up questions to clarify your answers.

When to Complete the Questionnaire

You must complete this questionnaire, then print, sign and return the certification

statement to EPA no later than 60 calendar da ys after receiving the survey link.

If you wish to request an extension, you must do so in writing no later than one week of the due date of this questionnaire. Writ ten requests may be e-mailed to Mr. Brian

D’Amico at damico.brian@epa.gov

.

Certification Statement

A responsible state official or authorized repr esentative must verify the accuracy of the responses to the questionnaire by reading and signing the Certification Statement. After completing the survey, you must print the Certif ication statement, sign it, and return it to EPA at the following address:

U.S. Environmental Protection Agency Stormwater Management Including Disc harges from Developed Sites NPDES Permitting Authority Questionnaire c/o Eastern Research Group, Inc. 14555 Avion Parkway, Suite 200 Chantilly, VA 20151

Where to Get Help

If you have any questions regarding comple tion of this questionnaire you can request assistance using EPA’s e-mail helpline provided below. Please include the name of the survey to which you are responding, the question number along with your questions. Respondents who desire assist ance by telephone should send an e-mail with “Please Call Me” in the subject line. Pl ease provide the call-back phone number, contact name, and desired day and time to call. The return phone call will be free of charge to the respondent.

E-mail address for help line: _________________________________

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Confidential Business Information

Because the inform ation requested in this que stionnaire is not business confidential, EPA may make the information available to the public without further notice.

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### Detailed Instructions for Co mpleting the Questionnaire

Complete the questionnaire consid ering the following instructions:

 This questionnaire is available at the following link: ____________________.

 Personnel most knowledgeable about the subj ect areas covered by a specific section should complete that secti on of the questionnaire.

 For all questions and sections, read all in structions and definitions carefully. Pay particular attention to the distincti on between establishments and firms.

 Do not leave any entry blank. If the answer is zero, write “0" or “zero”. If a question is not applicable, write “NA.”

 Answer all of the questions in sequence unless you are directed to SKIP forward in the questionnaire. This is important since some questions and/or sections are only applicable to some respondents.

 Use the units specified when responding to questions requesting measurement data (e.g., acres).

 The period of interest for the survey is your fiscal year (FY) 2009 unless indicated

otherwise.

 Provide the requested information based on data you currently have. EPA is not requesting or recommending that respondents collect new data to provide information for this survey.

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### Certification Statement

The individual responsible for directing or supervising the preparation of the enclosed Stormwater Discharges from Developed Sites NPDES Permitting Authority Survey must read and sign the Certification Statement be low before returning both documents to the U.S. Environmental Protection Agency. The cer tifying official must be a state official duly authorized representative. The Certif ication Statement must be completed and submitted in accordance with the requirements contained in the Code of Federal Regulations at 40. CFR 122.22.

I certify under penalty of law that th e attached questionnaire was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information submitted. The information submitted is, to the best of my knowledge and belief, accurate and complete. In those cases where we did not possess the request ed information, we have provided best engineering and/or financial estim ates or judgment. I am awar e that there are significant penalties for submitting false informati on, including the possibility of fines and imprisonment for knowing violations.

_____________________________ _________________________ Signature of Certifying Official Date

_____________________________ (______)__________________ Printed Name of Certifying Of ficial Telephone Number

_____________________________ Title of Certifying Official

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### Definitions

Note that the following terms are defined fo r the purposes of this questionnaire only.

These definitions were written as broadl y as possible, relying on our regulations, guidance, fact sheets, etc. We acknowledge that there are likel y local or regional differences in the meanings of some of these terms. Where those di fferences will affect their answer to the quest ions, respondents should pr ovide information on those differences in the survey blanks provided.

Term Definition

Construction The period of time during which construction activity (clearing, grading, and excavation) and other earth-disturbing activities are occurring on a site and prior to the time that disturbed portions of the site are considered stabilized.

Bioretention cells Landscaping features adapted to provide on-site removal of pollutants from stormwater discha rges. Surface discharges are directed into shallow, landscape depressions, which are designed to incorporate many of the pollutant removal mechanisms that operate in forest ed or other natural (prairies, wetlands, etc) ecosystems. Includes rain gardens, sidewalk planters, curb extensions a nd other plant or soil systems designed to infiltrate or evapotranspirate stormwater.

Capacity Describes the hydraulic capacity th at the storm sewer system is designed for in terms of the vol ume of stormwater that it can convey without flooding beyond design.

Catch Basin An inlet to the storm sewer system, which typically includes a grate or curb inlet, and a sum p, to capture sediment, debris, and other pollutants. Also known as “storm drain inlets” or

“curb inlets”.

Cistern Large storage devices that are often built below ground, at ground level, or on rooftops, fo r storing captured stormwater and can be integrated with more sophisticated pumping devices. For example, some cister ns collect stormwater that is subsequently used for non-potable plumbing, such as flushing of toilets, or irrigation applications.

Combined Sewer System (CSS) A publicly owned conveyance system that conveys stormwater discharges combined with municipal sewage (domestic,

commercial and industrial wast ewater) through a single pipe system to a publicly owned treatment works.

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Term Definition

Constructed Wetland A man-made basin that contains wa ter, a substrate (soil, gravel, rock, organic materials, etc. ), plants (vascular and nonvascular), and organisms sim ilar to those usually found in

natural wetlands. The number of plants and the biodiversity of a constructed wetland are greater than that of wet retention pond. Constructed wetlands usually use a relatively impermeable subsurface layer to prevent water from seeping into the ground.

Co-Permittee A permitting arrangement under which two or more MS4s are

covered under the same NPDES permit. Responsibilitiesunder the permit may be divided among the different MS4 copermittees in accordance with jurisdictional boundaries.

Curb and Gutter An engineering approach to convey stormwater through the use of a raised, concrete or stone border along a roadside (curb) and a channel (gutter) that directs stormwater discharges

to a storm sewer system.

Detention/ Extended

Detention Practices Practices which hold stormwater temporarily and discharge the stormwater over an expended period of time (hours to days) generally by controlling the si ze of the discharge volume and

flow rate. Also known as “wet/d ry ponds”, “extended detention basins”, “detention ponds”, “extended detention ponds.”

Existing Development Describes an existing lot/parcel with an impervious surfaces from prior development, or is significantly degraded and is covered with sand, gravel, st ones, or other non-vegetative covering, or is considered a “brownfield site”.

Vegetated Buffer Vegetated surfaces used to reduc e stormwater velocity from nearby less pervious surfaces, and to filter out pollutants from

stormwater and allow infiltration into the underlying soil. Also referred to as “riparian buffer” if established around streams, lakes, and/or wetlands.

Flood event Describes an overflow of stor mwater from a storm sewer system during peak flow conditions as a result of a storm

event.

Full Time Equivalent (FTE) The number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. This statistic is calculated separately for each function of a government by dividing the “part- time hours paid” by the standard number of hours for full-time employees in the particular government and then adding the resulting quotient to the number of full-time employees.

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Term Definition

Green Roof A vegetative system installed on top of and in addition to the traditional roof system. A green roof includes engineered soil layers (e.g., a waterproof memb rane, drainage, high inorganic growing media), and appropriate plant species. Green roofs reduce surface discharges from the rooftop by absorbing stormwater and slowing stormwat er flow rates, and provide ancillary benefits such as summer cooling, lowered urban heat island effect, and improved air quality.

Green Infrastructure Wet weather management approa ches and technologies that infiltrate, evapotranspire, captu re and reuse stormwater to maintain or restore natural hydrology.

Impervious Area The total area of a parcel or right-of-way that consists of buildings and associated construc ted facilities; areas that are covered with a low-permeability material such as asphalt or concrete; or areas such as gr avel roads and unpaved parking areas that are compacted through design or use to reduce their permeability. Common impervious areas include, but are not limited to, roads, rooftops, walkways, patios, driveways, parking lots or storage areas , concrete or asphalt paving, packed earthen materials, and macadam or other surfaces which similarly impede the natural infiltration of storm water.

Industrial Facility A facility engaged in any of the industrial activities specifically listed in 40 CF R 122.26(b)(14) or has been designated as causing a water quality standard exceedance or as a significant contri butor of pollutants to waters of the U.S. under 40 CFR 122.26(a)(1)(v).

Infill Development Describes development activity that occurs on a generally undeveloped lot/parcel that is situated in an area in which most lots/parcels have already been developed. Long Term (Post Construction)

Stormwater Controls See Post Construction

Low Impact Development (LID) Development that is designed to be hydrologically functional by mimicking pre-development hydrology conditions. This is achieved by using design techniques that infiltrate, filter, evaporate, and store discha rges close to its source.

Mixed Use Development Development that includes a combination of residential, commercial, industrial, office, in stitutional, or other land uses.

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Term Definition

Municipal Separate Storm Sewer System (MS4) A conveyance or system of conveyances (including roads with drainage systems, municipal st reets, catch basins, curbs, gutters, ditches, man-made channe ls, or storm drains) that is owned by a state, city, town, v illage, or other public entity having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, in cluding special districts under

state law such as a sewer dist rict, flood control district or drainage district, or similar enti ty, or an Indian tribe or an authorized Indian tribal orga nization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the U.S., which is not a combined sewer, and which is not part of a Publicly Owned Treatment Works (sewage treatment plant).

MS4 Service Area Area over which an MS4 operator has jurisdiction to manage

stormwater.

New Development Development that occurs on land where generally no or minimal structures and other impervious surfaces, such as buildings, parking lots, and roads exist and includes agricultural, forested and ope n/barren land. These sites are commonly referred to as greenfield sites.

NPDES EPA’s or a State’s “National Pollutant Discharge Elimination System” program for issuing, modifying, revoking and reissuing, terminating, monitori ng and enforcing permits under the authority of the Clean Water Act.

Outfall Describes the place where a point source, as defined by 40 CFR 122.2, discharges stormwater to waters of the U.S. The term “outfall” does not include open conveyances connecting two MS4s; or pipes, tunnels or other conveyances which connect segments of the same st ream or other waters of the U.S. and are used to convey waters of the U.S.

Phase I MS4 A “large” (population of 250,000 or more) or “medium” (population of 100,000 or more) sized MS4, as defined in 40 CFR 122.26(b)(4) and (7), required to obtain an EPA or State NPDES permit.

Phase II MS4 A “small” MS4, defined by 40 CFR 122.26(b)(16), not defined as “large” or “medium”, that is located in an urbanized area as determined by the latest Decennial Census by the Bureau of the Census, and therefore require d to obtain an EPA or State NPDES permit. Small MS4s incl ude non-traditional systems, for example: universities and systems maintained by transportation authorities such as a state’s department of transportation.

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Term Definition

Permeable Pavement Pavement composed of a permeab le pavement material, which allows distributed infiltration into the underlying soil. There may also be an underlying stone reservoir that temporarily stores the surface discharges before it infiltrates into the underlying soil. Examples include pervious concrete, porous asphalt, permeable pavers.

Post Construction Describes the phase of development immediately following the

termination of construction activities on a site. “Postconstruction discharges” are disc harges of stormwater from developed sites. Post-const ruction controls are those

stormwater controls that are installed and maintained to permanently manage stormwat er discharged from the developed sites.

Public Entity A public agency or body of a state, city, town, village or other municipal entity. Includes sp ecial districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved

management agency. Private Entity A non-public body or institution, such as a private university.

Redevelopment Development at a site with ex isting structures or impervious surfaces. Redevelopment does not include projects that are solely remodeling or alterations to the interior of a structure.

Retention Practices Stormwater techniques that mana ge stormwater on-site through infiltration, evapotranspira tion, or harvesting. Commonly referred to as Low Impact Development or Green Infrastructure practices.

Retrofit The installation or modificat ion of stormwater control measures on sites with existing development (including existing storm sewers) to enhan ce the reduction of stormwater pollutants, or discharge volume or flow rates.

Riparian Buffer An area surrounding a shoreline, wetland, or stream within which development is restricted or prohibited. The primary function of aquatic buffers is to physically protect and separate a stream, lake, or wetland from future disturbance or

encroachment. These areas are also called “resource protection areas.”

Site plan review A procedure used by MS4s and other entities for conducting a review of development site plans for conformance with stormwater control requirements, such as sediment and erosion controls, and post-construction controls.

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Term Definition

Storm Sewer System A conveyance or system of conveyances, including roads with drainage systems, municipal st reets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains designed or used for collecting or conveying stormwater.

Stormwater Runoff, snow melt runoff, and surface runoff and drainage.

Stormwater Control Practices that are installed and maintained to control stormwater discharges. Stormwater Quality

Control Stormwater control used to reduce or eliminate pollutants carried in stormwater discharges. Stormwater Quantity

Control Stormwater control used to c ontrol or convey the volume of water being discharged during storm conditions.

Swales: Grassed A broad, shallow channel used for conveying and management stormwater discharges. Grass on the side slopes and bottom acts to slow discharge velocity, trap particulates, and promote

infiltration. Grassed swales are of ten referred to as bio-swales, enhanced swales, or water quality swales and can be classified as wet swales, dry swales, and grassed channels. See Swales: Other Vegetation

.

Swales: Other vegetation A broad, shallow channel used for conveying stormwater discharges. Vegetation on the si de slopes and bottom acts to slow discharge velocity, trap particulates, and promote infiltration. Vegetated swales ar e often referred to as bioswales, enhanced swales, or wa ter quality swales and can be classified as wet swales, dry swales, and grassed channels.

A dry swale (bio-swale) incorporates additional elements with the vegetated swale design. Infilt ration is aided by a soil bed (not necessarily natural soil) with an underdrain system composed of a perforated pipe surrounded by gravel. Check dams may be used to temporarily retain stormwater discharge.

A wet swale is capable of temporarily retaining stormwater discharges, but, unlike the dry swale, lacks an underdrain system. The wet swale is marsh like and relies on and supports wetland vegetation

Undeveloped Describes land that has not been subject to prior development. See “new development.”

Urbanized Area A land area comprising one or mo re places — central place(s) — and the adjacent densely se ttled surrounding area — urban fringe — that together have a re sidential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. A ny MS4 located within a 2000 Census-defined “urbanized area” is required to obtain an NPDES permit for discharges from its storm sewer system.

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### Section A: General Information

A-1 Fill in the following identifying and contact information.

Your Name and Title

______________________________________________________

Address

______________________________________________________

Phone Number

______________________________________________________ Email Address

______________________________________________________

Best Time to Contact

______________________________________________________

A-2 Name the stormwater program permitt ing authority’s department or agency.

______________________________________________________

A-3 What was your state’s annual operating budget for your stormwater program for the last five years?

Annual Budget ($)

Fiscal Year

2005 2006 2007 2008 2009

Stormwater Operating

Budget

A-4 Indicate what activitie s are included in your state’s stormwater budget, on average, and indicate what percentage of total budget is allocated to those activities. Provide your best estimate of the distribution of the budget among these

activities.

□

___ % Management/Administration

□

___ % Regulation/rule/policy development

□

___ % Permitting

□ ____% Inspections/Enforcement

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□ ____% Outreach

□ ____% Installation/Maintenance of stormwater control m easures

□ ____% Funding local government stormwater projects

□ ____% Other

A-5 What is the expected st ate’s annual operating budge t for stormwater for FY2010?

$______________________________

A-6 How many full time equiva lent (FTE) staff were dedi cated to the stormwater program in the last five years, on av erage? Provide your best estimate of the

distribution of FTE’s among these activities.

________ Management/Administration ________ Regulation/Rule/Policy Development ________ Permitting ________ Inspections/Enforcement ________ Outreach ________ Installation/Maintenance of stormwater control measures ________ Funding local government stormwater projects ________ Other: _________________________ ________ Total

A-7 Is any part of your state’s stormwater budget used to support MS4s to implement their program (for exam ple through grants or other funding mechanisms)?

□ Yes

□ No

A-8 Provide any additional budget info rmation for Section A in the space provided below (e.g. funding decreases, furloughs)

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

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### Section B: Municipal Stormwater Program

B-1 What is the current number of MS4 perm its that you have issued in your state? ______ # Phase I MS4 permits ______ # Phase II MS4 individual permits ______ # Phase II MS4 general permits

B-2 What is the total number of Phase I permittees or copermittees in your state? ______ # Phase I MS4 permittees or copermittees

B-3 What is the number of Phase I MS4s in the follow categories? ______ # City/town/township/village MS4s ______ # County/borough MS4s ______ # School/university/hospital MS4s ______ # Transportation (state/local) MS4s ______ # Federal facility MS4s (military bases, prison, etc.) ______ # Sewer, flood control, drainage district ______ # Watershed district or other watershed body ______ # Other, describe; ___________

B-4 What is the total number of Phase II permittees or copermittees in your state? ______ # Phase II MS4 permittees or copermittees

B-5 What is the number of Phase II MS4s in the follow categories? ______ # City/town/township/village MS4s ______ # County/borough MS4s ______ # School/university/hospital MS4s ______ # Transportation (state/local) MS4s ______ # Federal facility MS4s (military bases, prison, etc.) ______ # Sewer, flood control, drainage district ______ # Watershed district or other watershed body ______ # Other, describe; ___________

Extent of Coverage

B-6 Is Phase II MS4 coverage in your stat e based on the urbanized area boundary (as defined by the U.S. Census and automa tically designated under the Phase II regulations (CFR 122.32)) or some other boundary?

□ Urbanized area boundary

□ Other boundary, describe: _______________________________________

B-7 How much of the land area of your stat e is covered by stormwater MS4 permits (including any areas regulated beyond mi nimum federal criteria – Phase I and Phase II in urbanized area)?

___________ acres ___________%

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B-8 Do you have a GIS map of Phase I and II MS4 coverage for your state?

□ Yes, GIS map includes Phase I & II MS4 coverage

□ Yes, GIS map only includes Phase I MS4 coverage

□ Yes, GIS map only includes Phase II MS4 coverage

□ No

Provide the citation of the location of the GIS info rmation. Provide the URL if the GIS information is posted on the web.

____________________________________________

B- 9 What is your state's criteria for desi gnating small MS4s, other than those located in an urbanized area, as described in the Phase II regulations (CFR 123.35(b))? Check all that apply.

□ Discharge to sensitive waters

□ Population or population density

□ High growth or growth potential

□ Contiguity to an urbanized area

□ Significant contributor of pollutant s to waters of the United States

□ Protection of water quality concerns by other programs

□ Other, describe __________________________________

□ None

Provide the citation of the regulation, statute, or guidance where your state's MS4 designation criterion (developed under 40 CFR 123.35) is located. Provide the URL if the criteria is posted on the web.

____________________________________________

B-10 Has your state stormwater program used its designation auth ority to regulate

small MS4s other than those located in an urbanized as described in the Phase II regulations (CFR 123.35(b))?

□ Yes, describe___________________________

□ No

B-11 Has your state stormwater program used its residual designation authority (CFR 122.26 (a)(9)(i)(C) or (D)) to re gulate discharges or categor y of discharges within a geographic area because controls were needed based on wasteload allocations that are part of TMDLs that address th e pollutants of concern or because the stormwater discharge contribute s to a violation of a water quality standard or is a significant contributor of polluta nts to waters of the U.S.?

□ Yes, please describe_____________________

□ No

B-12 Has your state identified any stormwater discharges or classes of stormwater discharges for regulation/permitting under state law that are not currently subject to regulation/permitting under the federa l Clean Water Act stormwater program?

□ Yes. Describe those discharges ________________

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□ No, m y state regulates only those discha rges subject to the Phase I and Phase II stormwater regulations

B-13 In your state, how many stormwater pe rmits have you issued which are based on

watershed or watershe d district boundaries? _______ # MS4 watershed permits

□ None of the MS4 permits are based on watershed-based boundaries

B-14 In your state, what is the percent of MS4s regulated as a permittee or copermittee under a stormwater permit which is ba sed on watershed boundaries/ watershed

districts boundaries? ____% MS4 permittees covered under a watershed permit

□ No MS4s are covered under a watershed permit

B-15 In your state, what is the percent of MS4s whose stormwater permit requires or encourages implementation of components of a watershed management plan (not including TMDL implementation)? ____% MS4s

□ None

Specific Stormwater Program Components

B-16 Do you require Phase I MS4s in your st ate to implement the six minimum control

measures as described in the Ph ase II stormwater regulations?

□ Yes

□ No, Phase I requirements do not go beyond what is described in the Phase I regulations

□ Not applicable, my state does not have any Phase I MS4s

If yes, check all of the minimum controls measures (as described in the Phase II) that are required of Phase I permitees.

□ Public Education and Outreach

□ Public Particip ation/Involvement

□ Illicit Discharge Detection and Elimination

□ Construction Site discharge control

□ Post Construction discharge control

□ Pollution Prevention/Good Housekeeping

B-17 Do you require Phase II MS4s to implemen t an industrial program similar to that required for Phase I MS4s?

□ Yes

□ Some Phase II MS4s

□ No

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B-18 Do you require Phase II MS4s to conduct monitoring similar to that required for

Phase I MS4s?

□ Yes

□ Some Phase II MS4s

□ No

B- 19 Does your state collect annual report s through electronic submission for Phase I and Phase II MS4s? Check all that apply.

□ Phase I MS4s submit electronic annual reports

□ Phase II MS4s submit electronic annual reports

□ Some Phase I MS4s submit electronic annual reports

□ Some Phase II MS4s submit electronic annual reports

□ No

B- 20 Does your state require Phase I and Ph ase II MS4s to report their stormwater operating budget in their annual report? Check all that apply.

□ Phase I MS4s must report thei r budget in their annual report

□ Phase II MS4s must report thei r budget in their annual report

□ No

B- 21 Does your state require Phase I and Phase II MS4s to repo rt their monitoring

results in their annual re port? Check all that apply.

□ Phase I MS4 must report their monito ring results in th eir annual report

□ Phase II MS4 must report their monitoring results in their annual report

□ No

B- 22 Has your state done an analysis of the MS4 annual reports. Check all that apply.

□ Yes, we have analyzed Phase I MS4 annual reports

□ Yes, we have analyzed Phase II MS4 annual reports

□ No

B-23 Do MS4 general permits in your stat e require the review of ordinances?

□ Yes

□ No

B-24 Does your state have data to show th e effectiveness of the MS4 program as a whole or any of the following components of your stormwater program to protect

waterbodies from stormwater im pacts? Check all that apply.

__ MS4 program as a whole

__ Public Education and Outreach

__ Public P articipation/Involvement __ Illicit Discharge De tection and Elimination __ Construction Site discharge control (i ncluding erosion/sediment control) __ Post Construction discharge control (including detention, retention and treatment) practices

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__ Pollution Prevention/Good Housekeep ing (including street sweeping) __ Industrial Inspections __ W et weather outfall monitoring __ Monitoring of specific stormwater controls __ Instream monitoring __ Implementation of watershed management plans __ MS4 training programs __ Source control (inclu ding limits on fertilizer or pesticides) __ Other, describe___________________________

B-25 Describe any other part of your state stormwater program that you believe has been effective in protecting waterbodies from stormwater impacts? Describe___________________________

Retrofit of Stormwater Management Practices

B-26 Are there currently stormwater retrof it requirements in any MS4 permits in your state to reduce the water quant ity and quality impacts from existing developed

areas?

□ Yes, in the MS4 general permit, describe___________

□ Yes, in MS4 individual permits, describe___________

□ There are no retrofit requirements in MS4 permits, but there are retrofit requirements in another regulation____________

□ No

B-27 Provide any additional details of a retrofit program in your state.

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

MONITORING

B-28 Do you require any of the following t ypes of monitoring in your Phase I and Phase II MS4 permits? (Ch eck all that apply.)

Phase I MS4 permits

□ Stormwater outfall monitoring

□ Stormwater monitoring of specific stormwater controls

□ In-stream monitoring for water quality parameters

□ In-stream monitoring for biological parameters

□ In-stream monitoring for geom orphology or physical habitat

Phase II MS4 permits

□ Stormwater outfall monitoring

□ Stormwater monitoring of specific stormwater controls

□ In-stream monitoring for water quality parameters

Permitting Authority Survey Page 19 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

□ In-stream monitoring for biological parameters

□ In-stream monitoring for geom orphology or physical habitat

B-29 Does your state collect data on the pe rformance effectiveness of stormwater practices for water quality or volume cont rol or sustainabil ity? If yes, can you

share such data?

□ Yes, my state has measured effectiven ess data and we have data to share

□ Yes, my state has measured effectivene ss data but we don’t have data to share

□ My state has implemented such st andards but we have not collected

effectiveness data

□ My state has not implemented such standards

B-30 Has your state documented any chem ical, biological, and/or physical improvements in waters of the U.S. and/ or waters of the state to which you discharge that can be attributed to your stormwater program?

□ Yes

□ No

□ Unknown

B-31 Has your state measured improvements in water quality resulting specifically from the implementation of stormwater performance standards and/or design criteria? If yes, can you share such data?

□ Yes, my state has measured such water quality improvement and we have data

to share

□ Yes, my state has measured such water quality improvement but we don’t have

data to share

□ My state has implemented such sta ndards but we have not observed water quality improvements

□ My state has not implemented such standards

B-32 Provide any additional in formation for this Section B in the space provided

below.

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Permitting Authority Survey Page 20 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX



### Section C: Construction Stormwater Program

C-1 What is the size criterion for obtaini ng a construction general permit in your

state?

□ 5,000 square feet disturbance

□ 1/2 acre disturbance

□ 1 acre disturbance

□ Other_________________________________________________________

C-2 What is the number of permittees in the state Construction Permit for FY2005 – FY2009 for each of the following size categ ories? Fill in the entire table; if unknown, write “UK”, if not applicable writ e “NA”, if there are no permittees in that size category write “Zero.”

Construction Permittees, FY 2005-2009 Fiscal year

2005 2006 2007 2008 2009

< 1 acre
1 – 5 acres

6 - 10 acres

11 - 30 acres

31- 50 acres

> 50 acres

□ My state has a “no application” perm it for disturbances less than 5 acres

C-3 Has your state included numeric limits in constr uction general permits?

□ Yes, please describe___________

□ No

C-4 Has your state included benchmarks in construction general permits?

□ Yes, please describe___________

□ No

C-5 Does your state require specific stormwat er controls in its construction general permit?

□ Yes, please describe___________

□ No

C-6 Provide any additional info rmation for this Section in the space provided below.

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Permitting Authority Survey Page 21 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX



### D: STANDARDS FOR STORMWAT ER DISCHARGES FROM NEW

DEVELOPMENT AND REDEVELOPMENT & SPECIFIC

STORMWATER PRACTICES

D-1 Does your state define the following as new development or redevelopment?

Infill projects on existing undeveloped parcels □ New □ Redevelopment □ Neither

Projects involving the conversion from one □ New □ Redevelopment □ Neither land use type to another (e.g. a commercial property is converted into townhouses)

Development extensions that add □ New □ Redevelopment □ Neither imperviousness onto previously undeveloped land, but are part of the same plot/parcel (e.g. a commercial parking lot is extended into an adjoining forested area)

Road widening projects (e.g. adding a lane) □ New □ Redevelopment □ Neither

Replacement of impervious surfaces (road □ New □ Redevelopment □ Neither resurfacing, sidewalk replacement, etc)

If your state has defined new development and redevelopment, provide the citation of the regulation, statute, or guidance where the defi nition in located. Provide the URL if the criteria is posted on the web.

____________________________________________

D-2 Does your state have a planning proc ess, program or other mechanism that projects how much or where new deve lopment may occur over a certain time period?

□ Yes, describe ________________

□ No

D-3 Has your state determined impervious coverage statewide or for any certain regions of your state?

□ Yes

□ No Describe the method used to determine impervious cover.

_____________________________________________________



### Performance Standard or Design Criteria for Stormwater Discharges from New Development or Redevelopment

Permitting Authority Survey Page 22 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

D-4 In your state, is there a long term (post construction) standard that includes either numeric or specific stormwater perfor mance standards or design criteria for stormwater control that applies to discharges from new development or redevelopment?

□ Yes, there is a standard for discharg es from new development or redevelopment in the MS4 general permit

□ Yes, there is a standard for discharg es from new development or redevelopment in the state construction general perm it and/or individual state construction permits

□ Yes, some MS4 or construction permits have such standard, but it’s not in a state general stormwater permit

□ Yes, there is a standard for discharg es from new development or redevelopment in state regulations, but not in a permit

□ Yes, there is a standard for discharg es from new development or redevelopment in another regulations, describe_____________

□ No, there are no standards for discharges from new development or redevelopment in my state (skip to D-14)

D-5 Is your long term (post construction) standard for redevelopment projects different than that for new development projects?

□ Yes (Answer questions D-6 – D-8 regarding your standard for new development, answer questions D- 9 – D-11 regarding your standard for redevelopment)

□ No (Answer question D-6 – D-8 regard ing your standard for development, skip D-9 – D-11)



### Stormwater Performance Standard or Design Criteria for (New) Development Projects

D-6 For new development projects, what is the threshol d to which the long term (post construction) stormwater performance standards or design criteria apply?

Size of site

□ 1⁄2 acre

□ 1 acre

□ 5,000 sq ft

□ Other: ____________________

Other threshold

□ ____quantity of impervious surface

□ Other: ____________________

D-7 Indicate which specific or numeric stormwater performance standards or design criteria requirements apply to new development projects. Please provide your standard in the “specify” bl ank. Check all that apply.

Permitting Authority Survey Page 23 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

Attach copies and/or citations for the relevant standards and criteria (such as a copy of your municipal stormwater design re quirements or a c itation to the state law or a web page link to the design ma nual that contains the information).

Note: Standards that require detention or extended detention are those which hold stormwater temporarily and discharge th e stormwater over an extended period of time (hours to days) generally by controll ing the size of the di scharge volume and flow rate. Standards that require re tention are those that do not discharge

stormwater off-site or to surface water below a certain design capacity (design volume, stormwater size, etc.). The stor mwater is infiltrate d, evapotranspired, or

harvested.

□ Post-development peak runoff/discharge rate must match pre-development peak runoff/discharge rate for a specified storm return interval or intervals

□ 1 year storm □ 25 year storm

□ 2 year storm □ 100 year storm

□ 5 year storm □ Other ( Specify ) __________

□ 10 year storm

□ Detention of a specified storm depth or volume (such as 0.5 inch per acre or 1 inch per impervious acre) ( Specify ) __________

□ Detention of a specified storm volume (such as 1,800 cubic feet per acre or 3,600 cubic feet per impervious acre) ( Specify ) __________

□ Detention of a specified percen tile storm event (such as the 80 th percentile storm) ( Specify ) __________

□ Retention of a specified storm depth or volume (such as 0.5 inch per acre or 1 inch per impervious acre) ( Specify ) __________

□ Retention of a specified storm volume (such as 1,800 cubic feet per acre or 3,600 cubic feet per impervious acre) ( Specify ) __________

□ Retention of a specified percen tile storm event (such as the 80 th percentile storm) ( Specify ) __________

Permitting Authority Survey Page 24 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

□ Pollutant reduction requirem ent (for ex ample, stormwater control practices

must be installed to remove 80% of th e post-construction TSS loading and 40% of the post-construction nitrogen loading) Specify : ____________

□ Channel protection measures (such as a maximum allowable discharge velocity or other metric) Specify : ____________

□ Infiltration/groundwater recharge requirement (for example, maintain predevelopment groundwater recharge levels or infiltrate the first 0.5 inch of runoff) Specify : ____________

□ Limits for effluent concentrations of specific pollutants measured at the

stormwater control Specify : ____________

□ Limits for effluent concentrations of specific pollutants in receiving waters Specify : ____________

□ Requirements for control of temperature Specify : ____________ Does this standard apply to all area s within your jurisd iction, or only to

certain sites or waterbodies?

□ All areas

□ Only certain areas ( Specify : ____________)

□ Flood control requirements other than th e peak discharge rate control and onsite detention/retention re quirements specified above. Specify : ____________

□ Stream buffer requirements (for exampl e, a 50 foot vegetated buffer must be maintained/implemented adjacent to waters of the state) Specify : ____________

□ Limits on the maximum percent imperviousness for the site, or maximum directly connected impervious surface or other limits on impervious surfaces. Specify : ____________

□ Other Standards Not Identified Above, Specify: ___________________

D-8 Which land use types do the stormwat er performance or design standards for new development projects (described in Question D-7) apply? Check all that apply.

□ Requirements are the same for all land use types

□ Residential

Permitting Authority Survey Page 25 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

□ Comm ercial

□ Industrial

□ Institutional

□ Mixed use

□ Other, Specify: __________



### Stormwater Performance Standards or Design Criteria for Redevelopment Projects

D-9 For redevelopment projects, what is the threshol d to which the long term (post construction) stormwater performance standards or design criteria apply?

Size of site

□ 1⁄2 acre

□ 1 acre

□ 5,000 sq ft

□ Other: ____________________

Other threshold

□ ____quantity of impervious surface

□ Other: ____________________

D-10 Indicate which specific or numeric stormwater performance standards or design criteria requirements apply to redevelopment projects. Please provide your standard in the “specify” bl ank. Check all that apply.

Attach copies and/or citations for the relevant standards and criteria (such as a copy of your municipal stormwater design re quirements or a c itation to the state law or a web page link to the design ma nual that contains the information).

□ Post-development peak runoff/discharge rate must match pre-development peak runoff/discharge rate for a specified storm return interval or intervals

□ 1 year storm □ 25 year storm

□ 2 year storm □ 100 year storm

□ 5 year storm □ Other ( Specify ) __________

□ 10 year storm

□ Detention of a specified storm depth or volume (such as 0.5 inch per acre or 1 inch per impervious acre) ( Specify ) __________

□ Detention of a specified storm volume (such as 1,800 cubic feet per acre or 3,600 cubic feet per impervious acre) ( Specify ) __________

Permitting Authority Survey Page 26 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

□ Detention of a specified percen tile storm event (such as the 80 th percentile storm) ( Specify ) __________

□ Retention of a specified storm depth or volume (such as 0.5 inch per acre or 1 inch per impervious acre) ( Specify ) __________

□ Retention of a specified storm volume (such as 1,800 cubic feet per acre or 3,600 cubic feet per impervious acre) ( Specify ) __________

□ Retention of a specified percen tile storm event (such as the 80 th percentile storm) ( Specify ) __________

□ Pollutant reduction requirement (for ex ample, stormwater control practices

must be installed to remove 80% of th e post-construction TSS loading and 40% of the post-construction nitrogen loading) Specify : ____________

□ Channel protection measures (such as a maximum allowable discharge velocity or other metric) Specify : ____________

□ Infiltration/groundwater recharge requirement (for example, maintain predevelopment groundwater recharge levels or infiltrate the first 0.5 inch of runoff) Specify : ____________

□ Limits for effluent concentrations of specific pollutants measured at the

stormwater control Specify : ____________

□ Limits for effluent concentrations of specific pollutants in receiving waters Specify : ____________

□ Requirements for control of temperature Specify : ____________ Does this standard apply to all area s within your jurisd iction, or only to

certain sites or waterbodies?

□ All areas

□ Only certain areas ( Specify : ____________)

Permitting Authority Survey Page 27 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

□ Flood control requirem ents other than th e peak discharge rate control and onsite detention/retention re quirements specified above. Specify : ____________

□ Stream buffer requirements (for exampl e, a 50 foot vegetated buffer must be maintained/implemented adjacent to waters of the state) Specify : ____________

□ Limits on the maximum percent imperviousness for the site, or maximum directly connected impervious surface or other limits on impervious surfaces. Specify : ____________

□ Other Standards Not Identified Above, Specify: ___________________

D-11 Which land use types do the stormwat er performance or design standards for redevelopment projects (described in Question D- 10) apply? Check all that apply.

□ Requirements are the same for all land use types

□ Residential

□ Commercial

□ Industrial

□ Institutional

□ Mixed use

□ Other, describe_______________________________________________

D-12 What is your state’s role in ensu ring that post constr uction standards are implemented?

□ Site inspection

□ Site plan review/approval acceptance

□ Review self-reporting/ self-certification database

□ MS4 audit/inspection

□ Other, describe____________________

□ None

□ There are no post constructi on standards in my state.

D-13 Does your state offer an alternativ e to compliance with your performance standard or design standard?

□ Yes, it is a stormwater mitig ation program, please describe __________

□ Yes, it is a payment in lieu program

□ Yes, there is another type of a lternative compliance program, please describe___________

□ No, but there is an alte rnative compliance program o ffered by another level of government (MS4, county, etc), Specify: ______________________________

□ No, an alternative complia nce program does not exist

□ T here are no post constructi on standards in my state

Permitting Authority Survey Page 28 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

D-14 Are there any prohibitions in your st ate, through permit, policy or guidance that would preclude the use of offsite stormwater mitigation?

□ Yes: _______________________________________________________

□ No

□ Not Applicable, my state does not have a policy on offsite stormwater mitigation

D-15 Are there any prohibitions in your st ate, through permit, policy or guidance regarding payment-in-lieu programs, in which in select circumstances, a fee is furnished in place of meeting stor mwater management requirements?

□ Yes: describe, including fees__________________________________

□ No

D-16 Has your state develope d a state-wide stormwater manual that addresses stormwater requirements for new development and redevelopment?

□ Yes

□ Development in progress

□ No, skip Question D-17

D-17 Does the stormwater manual include sp ecification for retention practices that infiltrate, evapotranspirate or harvest stormwater for reuse?

□ Yes

□ Development in progress

□ No



### IMPLEMENTATION OF STORMW ATER RETENTION PRACTICES

In this section EPA is obtaining information a bout drivers, incentives and obstacles to the implementation of stormwater retention pract ices in the state. Stormwater retention practices are those that do not discharge stor mwater off-site or to surface water below a certain design capacity (design volume, stor mwater size, etc.). The stormwater is infiltrated, evapotranspired, or harvested. Exam ples are bioretention cells (includes rain gardens, sidewalk planters, curb extensions and other plant or soil systems designed to infiltrate or evapotranspirate stormwater ), porous pavement, green roofs, vegetated swales, cisterns and other pr actices. These practi ces are commonly referred to as Low Impact Development (LID) or Green Infrastructure (GI) practices.

D-18 Indicate the driver for implementation of stormwater retention practices in your state. Check all that apply.

□ Meet post construction performance sta ndards or other requirements in the state’s stormwater program

□ Local watershed plan or considerati ons involving storm drainage issues

□ NPDES WQ protection objectives (i .e. TMDL, impaired water, etc.)

□ CSO Long Term Control Plan requirement

□ Flood control

Permitting Authority Survey Page 29 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

□ Other: _______________

□ Unknown

□ Not Applicable

D-19 What, if any, incentives are provided to implement stormwater retention practices in your state? Check all that apply.

□ Clean Water State Revolving Fund (SRF) for green projects

□ Supplement Environmental Project (SEP) funding

□ Grants: Provide direct funding to muni cipalities or others for implementing a range of green infrastructure projects and practices.

□ Rebates & Installation Financing: (e.g. provide funding, tax credits or reimbursements to property owners who install specific practices) Please Specify : __________________________________________________

□ Awards & Recognition Programs (e.g. pr ovide marketing opportunities and public outreach for exemplary projects) Please Specify : _________________________________________________

□ Development Incentives Please Specify : __________________________________________________

□ Local jurisdiction incentives Please Specify : __________________________________________________

□ Other: Please Specify : __________________________________________________

□ None

□ Unknown

□ Not Applicable

D-20 In your state, are there any water rights issues that may prevent stormwater retention practices (as desc ribed at the beginning of th is section) from being implemented? This could include restrictions of state authority in that only local governments can decide how discharges are controlled.

□ Yes, describe the state c onstitutional, statutory and/ or regulatory basis for any restriction on the prevention of stormwater rentention practices___________

□ No

D-21 In your state, which of the following types of regulations may prevent stormwater retention practices (as describe d at the beginning of this section) from being implemented? Check all that apply. This question should be answered regardless of the level of government that imposes the regulation.

Specific Water Requirements

□ Standing water restrictions (for mos quito controls other reasons) which may prevent the use of rain barrels, ex tended detention, or other practices.

□ Restrictions rela ted to groundwater c ontamination potential

□ Restrictions related to so le source aquifer limitations

□ Restrictions on tree/we tland protection requirements

Permitting Authority Survey Page 30 of 32OMB Control No. 20XX-XXXX Approval expires XX/XX/XX

Site design/infrastructure practices

□ Curb and Gutter requirements which may re strict roadside infiltrations practices

□ Maximum/Minimum parking lot size requirements

□ Maximum/Minimum roadway widths

□ Requirements setting minimum/maximum cul-de-sac radius

□ Restrictions on the width of rights of way

□ Conflicts in obtaining private land (e .g., for use as a public right of way)

Building/Structure Requirements

□ Restrictions on se tbacks/frontages

□ Restrictions rela ted to plumbing codes (e.g., prohi bitions on stormwater reuse for toilet flushing)

Vegetation Requirements

□ Restriction on height of vegetation (e.g. wetland vegetation or grasses)

□ Restriction related to tree placement (e .g., restricting the places where trees may be planted, such as near sidewalks, utility poles, along certain stretches of roads)

□ Aesthetic requirements for plantings

Other Requirements

□ Requirements that may restrict the use of pervious concrete, porous asphalt, modular block pavers, or other alterna tives to conventional/impermeable paving

materials

□ Limited mixed use/compact development

□ Restrictions related to deeds

□ Restrictions on stormwater reuse for i rrigation (e.g., health code restrictions)

□ Flooding requirements

□ Other: _____________________________________________

D-22 Does your state require post construc tion stormwater management practices on private property?

□ Yes

□ No

D-23 Does your state allow third partie s to be responsible for operation and maintenance of the post construction stormwater management practices?

□ Yes

□ No

D-24 In your state, are there categories or areas excluded from stormwater infiltration due to concerns for groundwater contamination?

□ Yes, describe ______________________

□ No

□ Not applicable, specify: ____________________________________________

Permitting Authority Survey Page 31 of 32OMB Control No. 20XX-XXXX Approval expires /XX/XX

Permitting Authority Survey Page 32 of 32 XX



### Section E: Industrial Stormwater Program

E-1 What is the number of permittees currently covered under the industrial stormwater general permit in your state as of FY2009?

____________________ # Industrial stormwater permittees

E-2 How many industrial permittees subject to the industrial stormwater general permit are within regulated Phase I or Phase II MS4 permit boundaries as of

FY2009? _________________ # Industrial Stormwater permittees within Phase I MS4s

________________ # Industrial Stormwater permittees within Phase II MS4s

□ Cannot answer this question base d on state’s current data system.

E-3 Do the industrial stormwater permits in your state have numeric limits?

□ Yes, describe________________________________________________

□ No

□ Unknown

□ Not Applicable

E-4 Do the industrial stormwater perm its in your state have benchmarks?

□ Yes, describe ____________________________________________________

□ No

□ Unknown

□ Not Applicable

E-5 Provide any additional information for this Section C in the space provided

below.

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

You have completed the questionnaire. Re fer to the instructions for mailing the questionnaire back to the United States Environmental Protection Agency. Thank you.